U.S. v. Gary

In prosecution on drug conspiracy charge, Dist. Ct. did not err in denying defendant’s motion to suppress evidence seized from defendant as result of his arrest following traffic stop. Record showed that defendant was passenger in car under circumstances where agent had previously purchased heroin from driver of car in full view of defendant, who was seated next to driver and was talking on cell phone at time of drug transaction. As such, agent could have reasonably inferred that defendant was probably involved in unlawful drug enterprise so as to justify defendant’s arrest and search. Fact that officer arrested defendant for purpose of bringing defendant to parole officer did not require different result since officer’s subjective justification for arrest is irrelevant, where, as here, there was objective probable cause for defendant’s arrest for criminal offense. Moreover, police's warrantless search of defendant’s cell phone incident to his arrest, although currently not permissible under Riley, 134 S.Ct. 2473, was permissible under existing case law in 2009 when instant arrest occurred.